Under federal law, commercial tractor-trailers can weigh as much as 80,000 pounds across their cab, trailer, and cargo combined. Anyone responsible for directing that much weight around other vehicles and people has an especially important duty to keep their focus entirely on driving while they are behind the wheel. Unfortunately, not every long-haul trucker fulfills this obligation in every situation, sometimes leading to traffic collisions with life-altering consequences for the people involved.
Filing suit over a distracted driving truck accident in Waco can be vital to protecting your financial security and overall best interests, but it can also be deceptively challenging to accomplish by yourself. If you want the best chances of getting a good result from this sort of civil claim, working closely with a skilled truck accident attorney may be a virtual necessity.
Just like all other drivers on Texas roads, long-haul truckers are prohibited by law from using any mobile electronic communications device to read or write text-based messages while behind the wheel. This prohibition applies not just to drivers in motion but also to drivers stopped at stop lights, stop signs, or in traffic. Anyone who causes a wreck by violating this rule has breached their “duty of care” – their responsibility to act sensibly while driving.
However, texting while driving is far from the only way that distracted driving truck accidents happen in Waco. Other ways truckers may become dangerously distracted behind the wheel include:
In some cases, an individual trucker is not the only party who could legally be considered at fault for a distracted driving truck crash, or even the party who is mainly to blame for the wreck. For instance, if a truck driver is overly tired because their employer is forcing them to violate federal restrictions on daily or weekly driving time, that trucking company would likely hold the bulk of responsibility for a wreck stemming directly from that driver’s fatigue.
Regardless of who specifically holds legal liability for a distracted driving truck wreck, people injured in incidents like this have limited time under state law to file suit over their losses. Specifically, Texas Civil Practices & Remedies Code §16.003 sets a two-year filing deadline for virtually all personal injury claims built around motor vehicle accidents, beginning from when the prospective plaintiff’s injury first occurred.
There are very few exceptions to this “statute of limitations,” and failing to abide by it will almost always lead to the plaintiff’s case being thrown out of court before it even really begins. Notably, it also still applies in situations where a plaintiff’s injuries will last for much longer than two years after their accident, or even for the rest of their life. A proactive Waco attorney can help injured plaintiffs respect this statute of limitations and keep their distracted driving truck accident claim on track.
Distracted truck drivers put themselves and everyone around them at risk of catastrophic harm every time their attention drifts away from the road. If this kind of irresponsible behavior led to you being seriously hurt, you should strongly consider discussing a potential lawsuit or settlement demand with our dedicated attorneys.
Our team can explain the basics of distracted driving truck accidents Waco and help you collect the compensation you need. Call today to learn more.